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KOCHER v. OXFORD LIFE INS. CO.

No. 31539.

602 S.E.2d 499 (2004)

216 W.Va. 56

Charles KOCHER, Plaintiff Below, Appellee v. OXFORD LIFE INSURANCE COMPANY, a corporation, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 17, 2004.

Dissenting Opinion of Justice McGraw July 2, 2004.

Attorney(s) appearing for the Case

Michael W. McGuane, McGuane Law Offices, Robert P. Fitzsimmons, Fitzsimmons Law Offices, Wheeling, for Appellee.

Johnny M. Knisely, II, Thomas R. Goodwin, Goodwin & Goodwin, Charleston, for Appellant.

PER CURIAM:

In this case a jury was incorrectly instructed that it had no discretion with respect to an award of punitive damages; consequently the jury's verdict on punitive damages must be vacated and the case remanded for a new trial on that issue.

I.

The instant case arises from a lawsuit against the appellant, Oxford Life Insurance Company ("Oxford"), filed by the appellee, Charles Kocher ("Mr. Kocher").

Mr. Kocher became an Oxford policyholder...

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